BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2188|
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                                    CONSENT


          Bill No:  AB 2188
          Author:   Bonnie Lowenthal (D)    
          Amended:  6/25/12 in Senate 
          Vote:     21

            
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  9-0, 6/19/12
          AYES:  DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  73-0, 5/10/12 (Consent) - See last page 
            for vote


           SUBJECT  :    Commercial drivers license 

           SOURCE  :     Author


           DIGEST  :    This bill brings the states commercial drivers 
          license (CDLs) program into compliance with federal CDLs.

           ANALYSIS  :    Federal law provides standards for the safety 
          of commercial motor vehicles and truck drivers through 
          regulations that the Federal Motor Carrier Safety 
          Administration (FMCSA) promulgates.  FMCSA requires states 
          to be substantially compliant with federal regulations and 
          conducts periodic audits of state statutes in order to 
          ensure compliance.  If FMCSA determines during its audit 
          process that a state is not in substantial compliance, the 
          state is at risk of decertification, which means the state 
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          can no longer issue or renew CDLs.  Further, a decertified 
          state may lose federal-aid highway funds and other federal 
          grants.  Due to recent changes in FMCSA regulations, an 
          audit of California's CDL program found minor amendments 
          the state needs to make in order to bring California law 
          into compliance with those regulations.

          This bill brings the state's CDL program into compliance 
          with federal CDL regulations by making the following 
          changes:

           Specifically prohibiting a driver of a vehicle designed 
            to either transport 16 or more passengers or transport 
            hazardous materials from failing or refusing to comply 
            with a lawful out-of-service order issued by the 
            California Highway Patrol.

           As of December 31, 2014, eliminating the requirement that 
            a driver with a CDL carry a medical examiner's 
            certificate if the driver submitted the required medical 
            information in accordance with federal regulations.

           Explicitly allowing the Department of Motor Vehicles 
            (DMV) to accept a federal waiver of one or more physical 
            qualification standards, such as for vision or diabetes, 
            when issuing a CDL.

           Allowing DMV to issue a restricted passenger car or 
            motorcycle driver's license to a CDL holder who was not 
            operating a commercial vehicle when arrested for driving 
            under the influence, enabling the CDL holder to drive in 
            limited ways while his CDL is suspended.

           Defining the act of driving a commercial vehicle while 
            using an electronic wireless communication device to 
            write, send, or read a text-based communication as a 
            serious traffic violation, which means it can result in 
            the disqualification of the commercial driving privilege.

           Exempting from all CDL requirements and sanctions, when 
            operating motor vehicles for military purposes, active 
            duty members of the US Armed Forces, members of military 
            reserves, National Guard members when on active duty, and 
            active duty personnel of the US Coast Guard.

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           Requiring DMV to impose a suspension, revocation, or 
            disqualification action on any person's commercial 
            driving privilege upon receiving notification of an 
            administrative action or conviction of that person in 
            another US state, Puerto Rico, or Canada for violations 
            that would result in such action.

           Comments

           According to the author' s office, this bill makes 
          conforming changes to the state's CDL program to ensure 
          continued compliance with federal law.  The state's failure 
          to conform to the federal regulations could result in 
          federal sanctions and the potential loss of up to hundreds 
          of millions of federal tax dollars for transportation 
          purposes.  The author's office contends that this bill is 
          limited in scope to these non-controversial changes in 
          order to ensure passage of the bill and eliminate the risk 
          of the state's decertification by the federal government.

           Out-of-service orders  .  Under existing law, it is unlawful 
          to fail or refuse to comply with a lawful out-of-service 
          order issued by an authorized enforcement officer.  An 
          out-of-service order is a declaration that a driver, 
          commercial motor vehicle, or motor carrier operation can no 
          longer operate until the driver or vehicle owner addresses 
          some particular violation.  For example, officers issue 
          most of these orders at truck weigh stations, and the 
          orders are generally related to minor infractions such as 
          excessive load weight or violation of driver rest 
          requirements.  In these cases, the officer takes the 
          commercial vehicle out of service at the truck weigh 
          station, and either the truck or the driver (depending on 
          the violation) is not allowed to leave the station and 
          continue down the road until the issue is addressed.

          According to the federal audit, the out-of-service changes 
          this bill makes are necessary in order to enable law 
          enforcement to differentiate between various out-of-service 
          offenses, which in turn enable DMV to impose enhanced 
          penalties when federal regulations require them.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   

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          Local:  Yes


           ASSEMBLY FLOOR  :  73-0, 5/10/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie 
            Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Morrell, Nestande, Nielsen, Pan, Perea, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED:  Cook, Fletcher, Furutani, Jeffries, 
            Norby, Olsen, V. Manuel Pérez


          JJA:d:m  7/3/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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